Assembly Bill No. 564–Assemblymen Thomas, Giunchigliani, Evans, de Braga, Goldwater, Buckley, Chowning, Mortenson, Claborn, McClain, Koivisto, Parnell, Freeman, Bache, Anderson, Collins, Manendo, Ohrenschall, Price, Neighbors, Berman, Lee, Carpenter, Segerblom, Beers, Leslie, Humke and Perkins
March 15, 1999
____________
Referred to Committee on Natural Resources,
Agriculture, and Mining
SUMMARY—Broadens applicability of provisions relating to availability of programs for recycling or disposal of solid waste. (BDR 40-1341)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 444A.020 is hereby amended to read as follows: 444A.020 1. The state environmental commission shall adopt1-3
regulations establishing minimum standards for:1-4
(a) Separating at the source recyclable material from other solid waste1-5
originating from residential premises and public buildings where services1-6
for the collection of solid waste are provided.1-7
(b) Establishing recycling centers for the collection and disposal of1-8
recyclable material.1-9
(c) The disposal of hazardous household products which are capable of1-10
causing harmful physical effects if inhaled, absorbed or ingested.1-11
2. The regulations adopted pursuant to subsection 1 must be adopted1-12
with the goal of recycling at least 25 percent of the total solid waste2-1
generated within a municipality after the second full year following the2-2
adoption of such standards.2-3
3. The state environmental commission shall, by regulation, establish2-4
acceptable methods for disposing of used or waste tires.2-5
Sec. 2. NRS 444A.030 is hereby amended to read as follows: 444A.030 1. The division of environmental protection of the state2-7
department of conservation and natural resources shall, by regulation, adopt2-8
a model plan for:2-9
(a) Separating at the source recyclable material from other solid waste2-10
originating from residential premises and public buildings where services2-11
for the collection of solid waste are provided.2-12
(b) Establishing recycling centers for the collection and disposal of2-13
recyclable material in areas where there are no centers.2-14
(c) The disposal of hazardous household products which are capable of2-15
causing harmful physical effects if inhaled, absorbed or ingested.2-16
(d) The disposal of infectious waste, hazardous waste which is not2-17
regulated pursuant to NRS 459.485 and liquid waste which is not regulated2-18
pursuant to NRS 445A.300 to 445A.730, inclusive.2-19
2. The model plans adopted pursuant to subsection 1 must not conflict2-20
with the standards adopted by the state environmental commission pursuant2-21
to NRS 444A.020.2-22
Sec. 3. NRS 444A.040 is hereby amended to read as follows: 444A.040 1. The board of county commissioners in a county whose2-24
population is more than 100,000, or its designee, shall make available for2-25
use in that county a program for:2-26
(a) The separation at the source of recyclable material from other solid2-27
waste originating from the residential premises and public buildings where2-28
services for the collection of solid waste are provided.2-29
(b) The establishment of recycling centers for the collection and2-30
disposal of recyclable material where existing recycling centers do not2-31
carry out the purposes of the program.2-32
(c) The disposal of hazardous household products which are capable of2-33
causing harmful physical effects if inhaled, absorbed or ingested. This2-34
program may be included as a part of any other program made available2-35
pursuant to this subsection.2-36
2. The board of county commissioners of a county whose population is2-37
more than 25,000 but not more than 100,000, or its designee:2-38
(a) May make available for use in that county a program for the2-39
separation at the source of recyclable material from other solid waste2-40
originating from the residential premises and public buildings where2-41
services for the collection of solid waste are provided.2-42
(b) Shall make available for use in that county a program for:3-1
(1) The establishment of recycling centers for the collection and3-2
disposal of recyclable material where existing recycling centers do not3-3
carry out the purposes of the program established pursuant to paragraph (a).3-4
(2) The disposal of hazardous household products which are capable3-5
of causing harmful physical effects if inhaled, absorbed or ingested. This3-6
program may be included as a part of any other program made available3-7
pursuant to this subsection.3-8
3. The board of county commissioners of a county whose population is3-9
not more than 25,000, or its designee, may make available for use in that3-10
county a program for:3-11
(a) The separation at the source of recyclable material from other solid3-12
waste originating from the residential premises and public buildings where3-13
services for the collection of solid waste are provided.3-14
(b) The establishment of recycling centers for the collection and3-15
disposal of recyclable material where existing recycling centers do not3-16
carry out the purposes of the program.3-17
(c) The disposal of hazardous household products which are capable of3-18
causing harmful physical effects if inhaled, absorbed or ingested. This3-19
program may be included as a part of any other program made available3-20
pursuant to this subsection.3-21
4. Any program made available pursuant to this section:3-22
(a) Must not:3-23
(1) Conflict with the standards adopted by the state environmental3-24
commission pursuant to NRS 444A.020; and3-25
(2) Become effective until approved by the department.3-26
(b) May be based on the model plans adopted pursuant to NRS3-27
444A.030.3-28
5. The governing body of a municipality may adopt and carry out3-29
within the municipality such programs made available pursuant to this3-30
section as are deemed necessary and appropriate for that municipality.3-31
6. Any municipality may, with the approval of the governing body of3-32
an adjoining municipality, participate in any program adopted by the3-33
adjoining municipality pursuant to subsection 5.3-34
7. Persons residing on an Indian reservation or Indian colony may3-35
participate in any program adopted pursuant to subsection 5 by a3-36
municipality in which the reservation or colony is located if the governing3-37
body of the reservation or colony adopts an ordinance requesting such3-38
participation. Upon receipt of such a request, the governing body of the3-39
municipality shall make available to the residents of the reservation or3-40
colony those programs requested.3-41
Sec. 4. NRS 444A.050 is hereby amended to read as follows: 444A.050 1. A county or health district that adopts a program3-43
pursuant to NRS 444A.040 shall:4-1
(a) On or before July 1 of each year, submit a report to the department4-2
of the number of tons of material disposed of in the area covered by the4-3
program.4-4
(b) Within 6 months after adopting the program, and at least once every4-5
6 months thereafter, notify all persons occupying residential, commercial ,4-6
governmental and institutional premises within the area covered by the4-7
program of the local recycling opportunities and the need to reduce the4-8
amount of waste generated.4-9
2. The governing body of a municipality that adopts a program4-10
pursuant to NRS 444A.040 shall:4-11
(a) Adopt such ordinances as are necessary for the enforcement of the4-12
program.4-13
(b) At least once every 36 months, conduct a review of the program and4-14
make such revisions to the program and any ordinances adopted pursuant4-15
thereto as are deemed necessary and appropriate.4-16
Sec. 5. NRS 444A.110 is hereby amended to read as follows: 444A.110 1. The division of environmental protection of the state4-18
department of conservation and natural resources shall develop a program4-19
of public education to provide information, increase public awareness of4-20
the individual responsibility of properly disposing of solid waste and4-21
encouraging public participation in recycling, reuse and waste reduction.4-22
The program must be designed in accordance with the plans to provide for4-23
a solid waste management system approved pursuant to NRS 444.510 to4-24
communicate the importance of conserving natural resources, in addition to4-25
the importance of protecting public health and the environment. The4-26
program must include promotion of the private and public efforts to4-27
accomplish conservation, recovery and reuse.4-28
2. The division of environmental protection of the state department of4-29
conservation and natural resources shall encourage the reduction of waste4-30
and litter by:4-31
(a) Providing, upon request, advice to persons regarding techniques to4-32
reduce waste and general information on recycling.4-33
(b) Establishing a computer data base to process related information.4-34
(c) Establishing a toll-free telephone line to assist in the dissemination4-35
of information.4-36
(d) Sponsoring or cosponsoring technical workshops and seminars on4-37
waste reduction.4-38
(e) Assisting local programs for the research and development of plans4-39
to reduce waste.4-40
(f) Coordinating the dissemination of publications on waste reduction,4-41
regardless of the source of those publications.5-1
(g) Assisting in the development and promotion of programs of5-2
continuing education for educators and administrators to enable them to5-3
teach and encourage methods of waste reduction.5-4
(h) Developing an emblem to signify and advertise the efforts in Nevada5-5
to encourage recycling.5-6
(i) Recommending to educational institutions courses and curricula5-7
relating to recycling and the reduction of waste.5-8
(j) Assisting state agencies, upon request, to develop and carry out5-9
programs for recycling within state buildings.5-10
3. The division of environmental protection of the state department of5-11
conservation and natural resources shall coordinate the technical assistance5-12
available from the various state agencies. The administrator of that division5-13
shall prepare and deliver biennial reports to the governor regarding the5-14
progress of the program.5-15
Sec. 6. NRS 1.115 is hereby amended to read as follows: 1.115 1. Except as otherwise provided in this section, each court of5-17
justice for this state shall recycle or cause to be recycled the paper and5-18
paper products it uses. This subsection does not apply to confidential5-19
documents if there is an additional cost for recycling those documents.5-20
2. A court of justice may apply for a waiver from the requirements of5-21
subsection 1. For such a waiver, the supreme court must apply to the5-22
interim finance committee, a district court or a justice’s court must apply to5-23
the board of county commissioners of the county in which it is located and5-24
a municipal court must apply to the governing body of the city in which it is5-25
located. A waiver must be granted if it is determined that the cost to recycle5-26
or cause to be recycled the paper and paper products used by the court is5-27
unreasonable and would place an undue burden on the operations of the5-28
court.5-29
3. The court administrator shall, after consulting with the state5-30
department of conservation and natural resources, prescribe the procedure5-31
for the disposition of the paper and paper products to be recycled. The5-32
court administrator may prescribe a procedure for the recycling of other5-33
waste materials produced on the premises of the court building.5-34
4. Any money received by a court of justice for recycling or causing to5-35
be recycled the paper and paper products it uses must be paid by the clerk5-36
of that court to the state treasurer for credit to the state general fund.5-37
5. As used in this section:5-38
(a) "Paper" includes newspaper, high-grade office paper, fine paper,5-39
bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper5-40
and any other cellulosic material which contains not more than 10 percent5-41
by weight or volume of a noncellulosic material, including, but not limited5-42
to, a laminate, binder, coating and saturant.6-1
(b) "Paper product" means any paper article or commodity, including,6-2
but not limited to, paper napkins, towels, cardboard, construction material,6-3
paper and any other cellulosic material which contains not more than 106-4
percent by weight or volume of a noncellulosic material, including, but not6-5
limited to, a laminate, binder, coating and saturant.6-6
Sec. 7. NRS 218.655 is hereby amended to read as follows: 218.655 1. Except as otherwise provided in this section, the6-8
legislative counsel bureau shall recycle or cause to be recycled the paper6-9
and paper products it uses. This subsection does not apply to confidential6-10
documents if there is an additional cost for recycling those documents.6-11
2. The director of the legislative counsel bureau may apply to the6-12
legislative commission for a waiver from the requirements of subsection 1.6-13
The legislative commission shall grant a waiver if it determines that the6-14
cost to recycle or cause to be recycled the paper and paper products used6-15
by the bureau is unreasonable and would place an undue burden on the6-16
operations of the bureau.6-17
3. The legislative commission shall, after consulting with the state6-18
department of conservation and natural resources, adopt regulations which6-19
prescribe the procedure for the disposition of the paper and paper products6-20
to be recycled. The legislative commission may prescribe a procedure for6-21
the recycling of other waste materials produced on the premises of the6-22
legislative building.6-23
4. Any money received by the legislative counsel bureau for recycling6-24
or causing to be recycled the paper and paper products it uses must be paid6-25
by the director of the legislative counsel bureau to the state treasurer for6-26
credit to the state general fund.6-27
5. As used in this section:6-28
(a) "Paper" includes newspaper, high-grade office paper, fine paper,6-29
bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper6-30
and any other cellulosic material which contains not more than 10 percent6-31
by weight or volume of a noncellulosic material, including, but not limited6-32
to, a laminate, binder, coating and saturant.6-33
(b) "Paper product" means any paper article or commodity, including,6-34
but not limited to, paper napkins, towels, cardboard, construction material,6-35
paper and any other cellulosic material which contains not more than 106-36
percent by weight or volume of a noncellulosic material, including, but not6-37
limited to, a laminate, binder, coating and saturant.6-38
Sec. 8. NRS 232.007 is hereby amended to read as follows: 232.007 1. Except as otherwise provided in this section, each state6-40
agency shall recycle or cause to be recycled the paper and paper products it6-41
uses. This subsection does not apply to confidential documents if there is6-42
an additional cost for recycling those documents.7-1
2. A state agency may apply to the chief of the budget division of the7-2
department of administration for a waiver from the requirements of7-3
subsection 1. The chief shall grant a waiver to the state agency if he7-4
determines that the cost to recycle or cause to be recycled the paper and7-5
paper products used by the agency is unreasonable and would place an7-6
undue burden on the operations of the agency.7-7
3. The state environmental commission shall, through the state7-8
department of conservation and natural resources, adopt regulations which7-9
prescribe the procedure for the disposition of the paper and paper products7-10
to be recycled. In adopting such regulations, the commission7-11
(a) Shall consult with any other state agencies which are coordinating or7-12
have coordinated programs for recycling paper and paper products.7-13
(b) May prescribe a procedure for the recycling of other waste7-14
materials produced by state agencies.7-15
4. Any money received by a state agency for recycling or causing to be7-16
recycled the paper and paper products it uses must be paid by the chief7-17
administrative officer of that agency to the state treasurer for credit to the7-18
state general fund.7-19
5. As used in this section:7-20
(a) "Paper" includes newspaper, high-grade office paper, fine paper,7-21
bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper7-22
and any other cellulosic material which contains not more than 10 percent7-23
by weight or volume of a noncellulosic material, including, but not limited7-24
to, a laminate, binder, coating and saturant.7-25
(b) "Paper product" means any paper article or commodity, including,7-26
but not limited to, paper napkins, towels, cardboard, construction material,7-27
paper and any other cellulosic material which contains not more than 107-28
percent by weight or volume of a noncellulosic material, including, but not7-29
limited to, a laminate, binder, coating and saturant.7-30
(c) "State agency" means every public agency, bureau, board,7-31
commission, department, division, officer or employee of the executive7-32
department of state government.7-33
Sec. 9. Chapter 386 of NRS is hereby amended by adding thereto a7-34
new section to read as follows:7-35
1. Except as otherwise provided in this section, each school district7-36
shall recycle or cause to be recycled the paper and paper products it uses.7-37
This subsection does not apply to confidential documents if there is an7-38
additional cost for recycling those documents.7-39
2. A school district is not required to comply with the requirements of7-40
subsection 1 if the board of trustees of the school district determines that7-41
the cost to recycle or cause to be recycled the paper and paper products7-42
used by the schools in the district is unreasonable and would place an7-43
undue burden on the operations of the district or a particular school.8-1
3. The board of trustees shall adopt rules which prescribe the8-2
procedure for the disposition of the paper and paper products to be8-3
recycled. The board of trustees may prescribe a procedure for the8-4
recycling of other waste material produced on the premises of the schools8-5
in the school district and the administrative offices of the school district.8-6
4. Any money received by the school district for recycling or causing8-7
to be recycled the paper and paper products it uses must be paid by the8-8
board of trustees for credit to the general fund of the school district.8-9
5. As used in this section:8-10
(a) "Paper" includes newspaper, high-grade office paper, fine paper,8-11
bond paper, offset paper, xerographic paper, mimeo paper, duplicator8-12
paper and any other cellulosic material which contains not more than 108-13
percent by weight or volume of a noncellulosic material, including, but8-14
not limited to, a laminate, binder, coating and saturant.8-15
(b) "Paper product" means any paper article or commodity,8-16
including, but not limited to, paper napkins, towels, cardboard,8-17
construction material, paper and any other cellulosic material which8-18
contains not more than 10 percent by weight or volume of a8-19
noncellulosic material, including, but not limited to, a laminate, binder,8-20
coating and saturant.8-21
Sec. 10. NRS 396.437 is hereby amended to read as follows: 396.437 1. Except as otherwise provided in this section, the system8-23
shall recycle or cause to be recycled the paper and paper products it uses.8-24
This subsection does not apply to confidential documents if there is an8-25
additional cost for recycling those documents.8-26
2. The system is not required to comply with the requirements of8-27
subsection 1 if the board of regents determines that the cost to recycle or8-28
cause to be recycled the paper and paper products used by the system or8-29
one of its branches or facilities is unreasonable and would place an undue8-30
burden on the operations of the system, branch or facility.8-31
3. The board of regents shall adopt regulations which prescribe the8-32
procedure for the disposition of the paper and paper products to be8-33
recycled. The board of regents may prescribe a procedure for the8-34
recycling of other waste material produced on the premises of the system,8-35
a branch or a facility.8-36
4. Any money received by the system for recycling or causing to be8-37
recycled the paper and paper products it uses must be paid by the board of8-38
regents to the state treasurer for credit to the state general fund.8-39
5. As used in this section:8-40
(a) "Paper" includes newspaper, high-grade office paper, fine paper,8-41
bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper8-42
and any other cellulosic material which contains not more than 10 percent9-1
by weight or volume of a noncellulosic material, including, but not limited9-2
to, a laminate, binder, coating and saturant.9-3
(b) "Paper product" means any paper article or commodity, including,9-4
but not limited to, paper napkins, towels, cardboard, construction material,9-5
paper and any other cellulosic material which contains not more than 109-6
percent by weight or volume of a noncellulosic material, including, but not9-7
limited to, a laminate, binder, coating and saturant.~